Court rejects appeal in beating death

Friday, Aug. 19, 2005 | 9:58 a.m.

CARSON CITY -- The Nevada Supreme Court on Thursday rejected the pretrial appeal of Robert L. Finley, charged with beating a man to death in Las Vegas even though the man died after leaving the hospital in stable condition, according to a doctor.

Finley applied for a writ to stop the murder trial scheduled to start Monday before District Judge Michael Cherry. Gerald Scott, 50, was beaten with a steel car part on the head and shoulders in March this year. He was hospitalized at University Medical Center.

Deputy Public Defender Norman Reed, representing Finley, noted in his writ petition that Scott was in the hospital for three days for injuries including a bleeding spleen. But Reed said Scott became agitated and wanted to leave the hospital.

The petition said Scott disobeyed doctors' orders, went home, fell down and the spleen started to bleed again, causing the death.

Dr. John Fildes of UMC testified at the preliminary hearing that Scott would not have died if he remained in the hospital where the staff could have treated the bleeding spleen.

Fildes also testified that Scott was medically stable when he was discharged from the hospital.

Finley also is charged with battery. His petition says that a jury that has the responsibility of imposing a penalty in a murder case is more likely to convict a defendant. Reed said the defense will be forced to defend against a murder charge that is a violation of Scott's federal and state constitutional rights.

The Supreme Court, in denying the petition, said if a jury finds Finley guilty of murder, he can file an appeal from that conviction.